Imprint & Data Protection

TIKUS DIGITAL MARKETING SOLUTIONS LIC

1209 MOUNTAIN ROAD PL NE STE N

ALBUQUERQUE, MN 87110 USA
Tel. +62 852 3910 4396
contact@highbrandclub.de

Owner: TIKUS DIGITAL MARKETING SOLUTIONS LIC

Images and Graphics: Source information for used image and graphic material: 

Canva, https://kaboompics.com & http://www.unsplash.com   

Content Responsible According to § 5 TMG:

Liability Notice: Despite careful control, the publisher cannot assume liability for the completeness, accuracy, and timeliness of the content and data on www.highbrandclub.de. The publisher assumes no liability for the data security of any information sent via the website or by email. The publisher is not responsible for the content of websites referenced via hyperlinks. The criminal and civil liability lies with the respective provider.

PRIVACY POLICY

We greatly appreciate your interest in our company. Data protection is of particularly high importance to us. The use of our website is generally possible without providing any personal data. However, if a person wishes to use special services of our company via our website, the processing of personal data might become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain consent from the individual concerned.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always in line with the General Data Protection Regulation (GDPR) and in accordance with the German data protection regulations. Through this privacy policy, our company seeks to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, this privacy policy is intended to inform data subjects of their rights.

As the data controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can, in principle, have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

1. Definitions

This privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance. We use, among others, the following terms in this privacy policy:

– a) Personal Data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, particularly by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

– b) Data Subject: Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

– c) Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

– d) Restriction of Processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.  

– e) Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, particularly to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

– f) Pseudonymization: Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

– g) Controller or Data Controller: Controller or data controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

– h) Processor: Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

– i) Recipient: Recipient is a natural or legal person, public authority, agency, or another body, to whom the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

– j) Third Party: Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

– k) Consent: Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and Address of the Data Controller

The data controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:

TIKUS DIGITAL MARKETING SOLUTIONS LIC

1209 MOUNTAIN ROAD PL NE STE N

ALBUQUERQUE, MN 87110 USA

Tel.: +62 852 3910 4396 

Email: contact@highbrandclub.de 

Website: www.highbrandclub.de

3. Cookies

This website uses cookies. Cookies are text files that are stored in a computer system via an internet browser. Many internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

By using cookies, the website can provide users with more user-friendly services that would not be possible without the cookie setting. Through a cookie, the information and offers on our website can be optimized for the user. As mentioned earlier, cookies enable us to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies does not, for example, have to enter access data each time the website is accessed because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by adjusting the settings of the internet browser used and may thus permanently deny the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.

4. Collection of General Data and Information

The website collects a series of general data and information when a data subject or an automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, we do not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack. Therefore, the website’s anonymous data and information are analyzed statistically, with the aim of increasing data protection and data security in our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Contact Possibility via the Website 

The website contains information required by law that enables quick electronic contact with our company and direct communication with us, including a general address for electronic mail (email address). If a person contacts the data controller via email or a contact form, the personal data transmitted by that person is automatically stored. Such personal data, voluntarily transmitted by a person to the data controller, is stored for the purpose of processing or contacting the person. There is no transfer of this personal data to third parties.

6. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the affected person only for the period necessary to achieve the purpose of storage or as required by European directives, regulations, or other legislation to which the data controller is subject. If the storage purpose ceases to apply, or a storage period prescribed by European directives or another relevant legislator expires, the personal data is routinely blocked or deleted in accordance with the legal provisions.

7. Rights of the Data Subject 

   a) Right to Confirmation 

   Every data subject has the right granted by the European directives and regulations to obtain confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they can contact any employee of the data controller at any time.

   b) Right to Information 

   Every person affected by the processing of personal data has the right granted by European directives and regulations to obtain, at any time, free information about their stored personal data and a copy of this information from the data controller. The European directives and regulations also grant the data subject the right to obtain information about the following:

   – the purposes of processing,

   – the categories of personal data being processed,

   – the recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations,

   – if possible, the planned duration for which the personal data will be stored or, if not possible, the criteria used to determine that duration,

   – the existence of a right to rectification or erasure of personal data concerning them or to restrict processing by the controller or to object to such processing,

   – the existence of a right to lodge a complaint with a supervisory authority,

   – if the personal data is not collected from the data subject: any available information about the data’s source,

   – the existence of automated decision-making, including profiling, as per Article 22(1) and (4) of the GDPR, and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

   The data subject also has the right to be informed about whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject has the right to be informed about the appropriate safeguards relating to the transfer.

   If a data subject wishes to exercise this right to information, they can contact any employee of the data controller at any time.

   c) Right to Rectification 

   Every person affected by the processing of personal data has the right granted by European directives and regulations to request the immediate rectification of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, considering the purposes of the processing, including by means of a supplementary statement.

   If a data subject wishes to exercise this right to rectification, they can contact any employee of the data controller at any time.

   d) Right to Erasure (Right to Be Forgotten)

   Every person affected by the processing of personal data has the right granted by European directives and regulations to request from the controller the immediate erasure of personal data concerning them, provided that one of the following reasons applies and insofar as the processing is not necessary:

   – The personal data was collected or otherwise processed for purposes for which it is no longer necessary.

   – The data subject withdraws their consent on which the processing was based, as per Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

   – The data subject objects to the processing as per Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing as per Article 21(2) of the GDPR.

   – The personal data was processed unlawfully.

   – The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.

   – The personal data was collected in relation to the offer of information society services as per Article 8(1) of the GDPR.

   If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by us, they can contact any employee of the data controller at any time. The employee will ensure that the erasure request is immediately complied with.

   If the personal data was made public by us and our company is obliged as the controller to erase the personal data according to Article 17(1) of the GDPR, we will take reasonable measures, considering the available technology and the cost of implementation, to inform other data controllers processing the published personal data that the data subject has requested the erasure of all links to, copies, or replications of this personal data, insofar as the processing is not required. The employee will take the necessary steps in individual cases.

   e) Right to Restrict Processing 

   Every person affected by the processing of personal data has the right granted by European directives and regulations to request the restriction of processing from the controller if one of the following conditions applies:

   – The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

   – The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.

   – The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims.

   – The data subject has objected to processing under Article 21(1) of the GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

   If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, they can contact any employee of the data controller at any time. The employee will arrange for the restriction of processing.

   f) Right to Data Portability 

   Every person affected by the processing of personal data has the right granted by European directives and regulations to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent as per Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract as per Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

   Furthermore, when exercising their right to data portability according to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

   To assert the right to data portability, the data subject may contact any employee of our company at any time.

   g)Right to Object 

   Every person affected by the processing of personal data has the right granted by European directives and regulations to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

   We will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or the processing is for the establishment, exercise, or defense of legal claims.

   If we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to us processing their personal data for direct marketing purposes, we will no longer process the personal data for these purposes.

   In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them for scientific or historical research purposes or statistical purposes under Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

   To exercise the right to object, the data subject may directly contact any employee of our company or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

h) Automated decisions in individual cases, including profiling

Every person affected by the processing of personal data has the right granted by the European legislator not to be subjected to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and which also contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.

Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.If the data subject wishes to exercise rights concerning automated decisions, he or she may contact an employee of the controller at any time.

i) Right to withdraw consent under data protection law

Any data subject shall have the right granted by the European legislator to withdraw consent to the processing of personal data at any time.If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.

8. Privacy Policy for the Use of Google Analytics (with Anonymization Function)

The data controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analytics service collects data on the website from which a person arrived (the so-called referrer), which subpages were accessed, how often, and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and to carry out a cost-benefit analysis of internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the “_gat._anonymizeIp” extension for web analytics through Google Analytics. With this extension, Google shortens and anonymizes the IP address of the person concerned when accessing our websites from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports showing the activities on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the information technology system of the person concerned. Cookies have already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the pages of this website, operated by the data controller and into which a Google Analytics component has been integrated, is called up, the web browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. During the course of this technical process, Google gains knowledge of personal data, such as the IP address of the person concerned, which serves, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.

Personal information such as the access time, the location from which access was made, and the frequency of visits to our website by the person concerned are stored via the cookie. Each time our websites are visited, these personal data, including the IP address of the internet connection used by the person concerned, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical process on to third parties.

The person concerned can prevent the setting of cookies by our website, as already described above, at any time by adjusting the settings of the internet browser used, thereby permanently objecting to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. Additionally, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the person concerned has the option of objecting to and preventing the collection of data generated by Google Analytics related to the use of this website, as well as the processing of this data by Google. To do this, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the person concerned is deleted, formatted, or newly installed at a later date, the person concerned must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within their control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link: https://www.google.com/intl/de_de/analytics/.

9. Privacy Policy for the Use of Instagram

The data controller has integrated components of the Instagram service into this website. Instagram is a service that can be classified as an audiovisual platform and allows users to share photos and videos, as well as distribute such data in other social networks.

The operator of Instagram’s services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Each time one of the pages of this website, operated by the data controller and into which an Instagram component (Insta-Button) has been integrated, is called up, the internet browser on the information technology system of the person concerned is automatically prompted by the respective Instagram component to download a representation of the corresponding component from Instagram. As part of this technical process, Instagram gains knowledge of which specific subpage of our website is visited by the person concerned.

If the person concerned is simultaneously logged in to Instagram, Instagram recognizes with each call to our website by the person concerned and for the entire duration of their stay on our website, which specific subpage of our website the person concerned visits. This information is collected by the Instagram component and associated with the respective Instagram account of the person concerned. If the person concerned presses one of the Instagram buttons integrated into our website, the data and information transferred with it are assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the person concerned has visited our website, if the person concerned is logged in to Instagram at the time of calling up our website; this happens regardless of whether the person concerned clicks on the Instagram component or not. If the person concerned does not want such a transmission of this information to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

10. Legal Basis for Processing

Art. 6 I lit. a GDPR serves as the legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example, in cases of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for fulfilling tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our business and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above legal bases are based on this legal basis if the processing is necessary for the purposes of legitimate interests pursued by our company or a third party, provided that such interests are not overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

11. Legitimate Interests in the Processing Pursued by the Controller or a Third Party

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and shareholders.

12. Duration for Which the Personal Data Will Be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer necessary for the fulfillment of the contract or the initiation of a contract.

13. Statutory or Contractual Requirements to Provide Personal Data; Necessity for the Conclusion of the Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner).

Sometimes it may be necessary for the conclusion of a contract that the data subject provides us with personal data that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would result in the contract with the data subject not being concluded.

Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the failure to provide the personal data would have.

14. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling. This data protection declaration was generated by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Landshut.